By: Lucio S.B. No. 1730 A BILL TO BE ENTITLED AN ACT 1-1 relating to contracts between commissioners courts and private 1-2 vendors for certain corrections facilities. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Section 351.103, Local Government Code, is 1-5 amended to read as follows: 1-6 Sec. 351.103. CONTRACT REQUIREMENTS. A contract made under 1-7 Section 351.102 must: 1-8 (1) if the contract includes operation or management 1-9 of the facility by the private vendor, require the private vendor 1-10 to operate the facility in compliance with minimum standards 1-11 adopted by the Commission on Jail Standards and receive and retain 1-12 a certification of compliance from the commission; 1-13 (2) if the contract includes operation or management 1-14 of the facility by the private vendor, provide for regular, on-site 1-15 monitoring by the sheriff; 1-16 (3) if the contract includes construction, require a 1-17 performance bond approved by the commissioners court that is 1-18 adequate and appropriate for the proposed construction contract; 1-19 (4) provide for assumption of liability by the private 1-20 vendor for all claims arising from the services performed under the 1-21 contract by the private vendor; 1-22 (5) if the contract includes operation or management 1-23 of the facility by the private vendor, provide for an adequate plan 1-24 of insurance for the private vendor and its officers, guards, 2-1 employees, and agents against all claims, including claims based on 2-2 violations of civil rights, arising from the services performed 2-3 under the contract by the private vendor; 2-4 (6) if the contract includes operation or management 2-5 of the facility by the private vendor, provide for a plan for the 2-6 purchase and assumption of operations by the county in the event of 2-7 the bankruptcy of the private vendor; 2-8 (7) if the contract includes operation or management 2-9 of the facility by the private vendor and if the contract involves 2-10 conversion of an existing county facility to private vendor 2-11 operation, require the private vendor to give preferential 2-12 consideration in hiring to employees at the existing facility who 2-13 meet or exceed the company's qualifications and standards for 2-14 employment in available positions; 2-15 (8) if the contract includes operation or management 2-16 of the facility by the private vendor, require the private vendor 2-17 to provide health care benefits comparable to that of the county; 2-18 (9) provide for an adequate plan of insurance to 2-19 protect the county against all claims arising from the services 2-20 performed under the contract by the private vendor and to protect 2-21 the county from actions by a third party against the private 2-22 vendor, its officers, guards, employees, and agents as a result of 2-23 the contract; and 2-24 (10) if the contract includes operation or management 2-25 of the facility by the private vendor, contain comprehensive 2-26 standards for conditions of confinement. 3-1 SECTION 2. The importance of this legislation and the 3-2 crowded condition of the calendars in both houses create an 3-3 emergency and an imperative public necessity that the 3-4 constitutional rule requiring bills to be read on three several 3-5 days in each house be suspended, and this rule is hereby suspended, 3-6 and that this Act take effect and be in force from and after its 3-7 passage, and it is so enacted.